State v. Blanchard
State v. Blanchard, 78 So. 2d 181 (La. 1955).
Cited by
- State v. Warren 700 So. 2d 1297 La. Ct. App. 2d Cir. 1997
- State v. Gainey 376 So. 2d 1240 La. 1979
- State v. Smith 275 So. 2d 733 La. 1973
- State v. Spina 259 So. 2d 891 La. 1972
- State v. Henry 198 So. 2d 889 La. 1967
- State v. Bertrand 170 So. 2d 386 La. 1964
- State v. Odom 169 So. 2d 909 La. 1964
- State v. Smith 146 So. 2d 152 La. 1962
- State v. Vanicor 118 So. 2d 438 La. 1960
- State v. Green 93 So. 2d 657 La. 1957
- State v. McQueen 87 So. 2d 727 La. 1955
Authorities cited
Identified automatically; this list may not be exhaustive.
- State v. Varnado 208 La. 319
- State v. Holmes 223 La. 397
Opinion text
PONDER, Justice. We granted writs in this case because we were of the opinion that the bill of information under which the defendants were convicted was fatally defective. The defendants were convicted and sentenced under a bill of information charging that they “Unlawfully possessed a mechanically and/or manually operated device, without explosive, for the purpose of illegally taking commercial fish; in violation of the provisions of [LSA-] R.S. 56:366 of the State of Louisiana, as amended by Act 194 of 1952.” The bill of information follows the language of the statute but the statutory words do not in themselves set forth the elements necessary to constitute the offense intended to be punished. As a general rule where an indictment follows the language of the statute it is sufficient, but this rule is without application where the words of the statute do not sufficiently describe or legally characterize the offense denounced. Where a statute characterizes the offense in general or generic terms, an information charging an offense in the words of the statute is insufficient and the specific facts on which the charge is based must be set out in the information. State v. Varnado, on rehearing, 208 La. 319, 368 , 23 So.2d 106 . See also State v. Holmes, 223 La. 397 , 65 So.2d 890 ; United States v. Cruikshank, 92 U.S. 542 , 23 L.Ed. 588 . For the reasons assigned, the writs are made peremptory and the conviction and sentence are annulled and set aside and the defendants are hereby discharged.